Mihajlo Cvetković, ‘Covid-19 Pandemic and Contractual Relationships: Force Majeure and Impossibility’

ABSTRACT
In every country touched by Covid-19, contractual performance is affected. Leg­islation enforcing lockdowns has made many contracts illegal to perform. Excessively unbalanced contracts become major issue due to health emergencies. In order to re­lease the debtor, the force majeure must be unpredictable. However, the world has been warned of a looming epidemic and its consequences onto unprepared world. The paper examines if the Serbian Act on Obligations and its rules on impossibility protect the debtors in the circumstances of Covid-19, by comparing domestic solutions with European, transnational and Common law. Despite numerous provisions, traditional solutions were not adequate, so emergency regulations have been adopted, usually in­compatible with the private law regime.

Mihajlo Cvetković, Covid-19 Pandemic and Contractual Relationships: Force Majeure and Impossibility (2021) 45(4) Teme 1147, https://doi.org/10.22190/TEME210917067C.

First posted 2022-01-12 16:00:48

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